Patna High CourtCR. MISC./51195/2017bail granted

Pappu Singh @ Pappu Kumar Singh v. The State Of Bihar

2017-11-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51195 of 2017 Arising Out of PS.Case No. -215 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Pappu Singh @ Pappu Kumar Singh, S/o Nag Narayan Singh, R/o VillageMehiyan, P.S. -Chapra, Moffasil, District- Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Pratap Singh, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Chapra Muffasil P.S. Case No. 215 of 2017 registered under Sections 323, 324, 341, 504, 506, 448, 307 and 379 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the present case has been instituted in retaliation to Muffasil P.S. Case No.243 of 2017 registered on 19.08.2017 on the basis of the statement of uncle of the petitioner Manoj Kumar. He submitted that even otherwise, ingredients of the

Patna High Court Cr.Misc. No.51195 of 2017 (2) dt.17-11-2017 offence punishable under Section 307 of the Indian Penal Code are not attracted to the facts of the present case as the injury caused upon the informant was found to be simple and superficial in nature.

Learned counsel for the State and learned counsel for the informant have opposed the application for grant of prearrest bail to the petitioner. Having regard to the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 215 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T